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Supreme Court - Daily Orders

Kalpataru Limited vs Middle Class Friends Cooperative ... on 7 November, 2022

Author: Surya Kant

Bench: Surya Kant

                                                                SLP(C)No(s).   19759/2022

     ITEM NO.62                         COURT NO.12                 SECTION IX

                              S U P R E M E C O U R T O F      I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No(s). 19759/2022
     (Arising out of impugned final judgment and order dated 20-10-2022
     in CAA(L) No. 194/2022 passed by the High Court Of Judicature At
     Bombay)

     KALPATARU LIMITED                                              Petitioner(s)
                                                VERSUS

     MIDDLE CLASS FRIENDS COOPERATIVE HOUSING SOCIETY LTD.Respondent(s)

     (FOR ADMISSION and I.R. and IA No.165848/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.165849/2022-EXEMPTION FROM
     FILING O.T. and IA No.166028/2022-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES and IA No.167044/2022-APPLICATION FOR
     TAKING ON RECORD
     IA No. 167044/2022 - APPLICATION FOR TAKING ON RECORD
     IA No. 165848/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

IA No. 165849/2022 - EXEMPTION FROM FILING O.T. IA No. 166028/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 167179/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 07-11-2022 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. Amar Dave, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ankur Saigal, Adv.
Mr. Sunil Mittal, Adv.
Ms. Anu Tiwari, Adv.
Mr. Shashwat Singh, Adv.
Mr. Rajesh Kumar, Adv.
Mr. E. C. Agrawala, AOR For Respondent(s) Mr. Maninder Singh, Sr. Adv. Signature Not Verified
Neil M, Adv.
Mr. Vikrant P, Adv.
Digitally signed by
SONIA BHASIN Date: 2022.11.09 18:01:08 IST Reason: Mr. Mukul Katyal, Adv. 1 SLP(C)No(s). 19759/2022
Mr. Pravin S, Sr. Adv.
Mr. Kunal V, Adv.
Mr. Nivit Srivastava, Adv.
Mr. Utkarsh Kulvi, Adv.
Gurveer Lally, Adv.
Mr. Shubhang Tandon, Adv.
Mr. Kunal Mimani, AOR UPON hearing the counsel the Court made the following O R D E R
1. We have heard Shri Shyam Divan, learned senior counsel for the petitioner and Mr. Maninder Singh and Mr. Pravin, learned senior counsels. It is pointed out by learned counsel for the parties that Justice Shiavax Jal Vazifdar, former Chief Justice of Punjab & Haryana High Court has been appointed as the arbitrator to adjudicate the disputes between the parties. Shri Divan, learned senior counsel for the petitioner thus does not press this special leave petition at this stage as the petitioner wishes to request the learned arbitrator to decide the arbitration proceedings expeditiously. We have no reason to doubt that the learned arbitrator will consider such a request made by the parties and make an endeavor to dispose of the pending proceedings at the earliest.
2. It goes without saying that the observations made by the High Court in the interim order shall have no bearing on the merits of the arbitration proceedings.
3. The special leave petition is dismissed as not pressed.
2 SLP(C)No(s). 19759/2022
4. Pending application(s), if any, shall stand disposed of.

(PREETHI T.C.) (SONIA BHASIN) COURT MASTER (NSH) COURT MASTER (SH) 3